Very Good Thread...Please read

[fastwalker]

By George Burns pb32

cmkxdiamond.proboards32.com/index.cgi?board=general&action=display&thread=1111699789


From Todays PR:
...small business issuers such as CMKX.

From Regulation SB:

(1) Definition of small business issuer. A small business issuer is defined as a company that meets all of the following criteria:

(i) has revenues of less than $25,000,000;
(ii) is a U.S. or Canadian issuer;

(iii) is not an investment company; and

(iv) if a majority owned subsidiary, the parent corporation is also a small business issuer.

Provided however, that an entity is not a small business issuer if it has a public float (the aggregate market value of the issuer's outstanding securities held by non-affiliates) of $25,000,000 or more.

25,000,000 dollars divided by .0002 = 125,000,000,000

Public Float is less than 125,000,000,000


Revenue isn't just the shares they sold only.we also got revenue from the goldmine and probably claims they sold. and probably also private investors (cash).
are the claims also counted as reveneu, i mean if they acquire a claim and do some drilling and come to the conclusion that the claim is worth more than 25 mil. isn't this some sort of revenue? however, they talking about "small business issuer".
but if we analyse every word then we could be as big as microsoft and coca cola if you know what i mean.

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[fastwalker]

Posts: 6078
Re: Happy Camper... the float...
« Reply #26 on: Today at 4:51pm » <br>
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on Today at 4:36pm, treyb wrote:I hope you are correct.
Using your logic though, the float could be 250,000,000, since the ask is .0001.

NOTE:The public float of a reporting company shall be computed by use of the price at which the stock was last sold, or the average of the bid and asked prices of such stock, on a date within 60 days prior to the end of its most recent fiscal year.

www.sec.gov/divisions/corpfin/forms/regsb.htm

So the average may be .00015 which may mean...166,666,666,666 in the float... which is still cool with me.

[fastwalker]

On March 16, 2005, the United States Securities and Exchange Commission ("Commission") deemed it in the public interest that a public administrative proceeding be instituted pursuant to Section 12(j) of the Securities Exchange Act of 1934 ("Exchange Act") against CMKM Diamonds, Inc.
to determine:
Dr.D- The SEC claims to be doing this to CMKX to protect us and the public from CMKX or more properly preventing us from receiving the information the company is making an effort to release. Therein also lays a problem. It appears they (CMKX) may not have the information (financials and reports) to supply to us or the SEC available at this time and is definitely going to need more time to compile it. More on this later. IMHO.
-- Whether CMKX is required to file with the Commission current and accurate information in periodic reports under Section 12(g); and
Dr.D – To determine if CMKX is a reporting or non reporting company based upon the 15A information of 2003 and 2005.

-- Whether CMKX failed to comply with Section 13(a) of the Exchange Act and Rules 13a-1 and 13a-13 there under by failing to file required periodic reports.
Dr.D – Since the revocation of the 15A occurred in Feb 2005, the SEC is trying to prove that CMKX possibly intentionally misfiled the 15A in 2003 and misrepresented the number of shareholders in order to withdraw from the reporting status falsely. If so, then CMKX would have intentionally deceived the SEC and no waiver or variance would be available for CMKX’s past due filings and penalties could be imposed including the revocation of CMKX’s registration.

CMKX, pursuant to the Commission's order has been provided 20 days in which to respond to the allegations in the order.
Dr.D – Self explanatory, giving CMKX 20 days from the date of the commission’s order March 16, 2005 – 5 Apr 2005) to respond to the SEC’s allegations which the company should have received official notification in writing indicating specifics by now, IMHO.

Upon CMKX's filing of a response, a public hearing will be convened at a time and place to be fixed for purposes of taking evidence on the issues set forth in the Commission's order.
Dr.D – When CMKX responds to the commission’s order by filing the requested information/answers then a public hearing will be scheduled to allow testimony and evidence to be presented to the judge concerning the specifics CMKX has been challenged on.

At the hearing, an administrative law judge will determine whether it is necessary for the "protection of investors" to suspend or revoke the registration of CMKX's securities from the Exchange Act.
Dr.D – The Judge after the evidence and testimony will decide if it is in our best interest and the best interest of the investing public to either excuse CMKX and allow them to continue to report; or suspend the registration up to 12 months (which makes no sense); or revoke the registration of CMKX and make it a non reporting company again (Once again makes no sense) with the exception if the SEC does either the suspension or revocation it could keep CMKX off the Threshhold Security List and unprotected by Regulation SHO. I know that SHO isn’t much, but it appears changes are coming.

In July 2003, CMKX filed a Form 15 “in an attempt” to terminate its registration under the Exchange Act. However, this filing contained an error in the stated number of record stockholders, which was discovered by CMKX's new securities counsel in February 2005.
Dr.D – This is still confusing to me as to who is responsible for this error. Is it CMKX’s attorney at the time? Is it the Transfer Agent? Who, what, where, when and how would be nice here. I would think that info would have been sent from the Transfer Agent and if so, why not state it clearly so the responsible party is clearly indicated. Seeing that hasn’t happened it is a faint indicator to me that someone in the company blew it. JMHO. A clear statement here leaves the company open as the position of the company is that “NO ONE KNEW UNTIL” the new securities counsel discovered it in Feb 2005. You would think that Roger Glen should have gone over the pertinent filings of the company in his efforts to bring it up to date and compliant thus discovering the error, but it didn’t happen! JMHO

"When the error in the Form 15 was brought to the board's attention, it was incumbent upon us to take corrective action, regardless of CMKX's ability to file all delinquent reports within the stated 60-day timeframe. We could not continue to have a clearly inaccurate document filed with the Commission, when we knowingly had more stockholders of record than was stated in the Form 15 filing," stated Robert Maheu, co-chairman of CMKX.

Dr.D – Mr. Maheu acted immediately upon the knowledge of inaccurate previously filed information by the company he is co-chairman of (CMKX) in spite of the company’s unprepared state to meet the obligations that such a find would impose upon it. Knowing they could not possibly meet the 60 day deadline that the revocation of the Form 15 would demand on CMKX, they acted promptly, responsibly and professionally in correcting the inaccurate information which disqualified CMKX from being eligible for the Form15 withdrawal of July, 2003. Showing once again and indicating Mr. Maheu’s impeccable character and leadership qualities that have made him one of the top men in the business. IMHO. Thank you Mr. Maheu, sir.


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[fastwalker]

On February 17, 2005, CMKX filed an amended Form 15 to revoke the previous filing and reinstate its reporting obligations under the Exchange Act. Management does not believe the filing of the amended Form 15 had anything to do with the Commission's decision to institute the administrative proceeding.
Dr.D – To correct the erred information that had been filed in July, 2003, CMKX filed the amended form 15 or Form 15A on 17 Feb 2005 which revoked the erred information, but also brought reporting obligations on CMKX they could not expeditiously hope to comply with. In spite of the revocation of the erred information and the mis-stated number of shareholders as the reason for the revocation of the Form 15, (Which would be rare IMHO) Mr. Maheu and Mr. Casavant do not think the revocation of the Form 15 had anything to do with the temporary trading suspension or the upcoming public hearing. It would be interesting to know what the company thinks instigated the suspension and upcoming public hearing. In a past PR Urban seemed to think (or indicated IMHO) it may be due to information supplied by CMKX during the SEC investigation on UCAD/USCA.

CMKX believes that it is required to have its securities registered under Section 12 of the Exchange Act as a result of the number of its stockholders, at least 698 in July 2003 and in excess of 2000 in February 2005.
Dr.D – CMKX believes that in spite of the SEC’s opinions and concern over the company’s operations, it is currently required to have its securities registered under Sec 12 and are therefore obligated to produce the expected filings and reports in a timely manner. It is strange when a company is trying to clear up its financials and delinquent reports to disclose vital information to shareholders and the investing public/market and the SEC is on the other side trying to stop the process. What is wrong with this picture? The SEC is supposed to be the knight in shining armor for the shareholders when a company is hiding, but not when the company is clearly taking appropriate steps to report and demonstrating good faith to the SEC and shareholders to disclose. Something smells, IMHO.

Under the current rule, the number of stockholders is determined by the number of stockholders of record. Although CMKX has securities registered under Section 12 of the Exchange Act, according to the Commission CMKX is delinquent in its filings.
Dr.D – The current rule indicates a shareholder as being a shareholder of record with the company/TA thus making a “Street Name” (such as Ameritrade and all of their thousands of clients) one shareholder of record. The company here confirms that they have securities registered with the SEC under Sec 12 and according to the commission CMKX is delinquent. This may allude to the fact that when CMKX filed the revocation of the Form 15, we had by SEC regulation a full 60 days to file all reports that would have been due if the Form 15 had not been filed in July, 2003. That would mean that CMKX truly would not be delinquent or failing to comply until the 60 days had expired. JMHO.

"We only want to comply with federal regulations and do what is right for our stockholders. If the Commission deems it in our stockholders best interest to forbid us from providing information through filings with the Commission, we will comply," stated Urban Casavant, president of CMKX.
Dr.D – Mr. Casavant here states that they will comply with the federal regulators regardless. If for some unknown reason the regulators want to prohibit CMKX management from providing vital company information through filings to the SEC and the shareholders/investing public, then the company will have to comply. Too, there seems to be a little sarcasm Mr. Casavant was able to muster in the midst of the heat generated by the SEC’s latest inquiry into the company. Go Mr. C! OOOrah!

Replying to the Commission's administrative proceeding is a high priority for CMKX's management, which plans to take the following actions.

(Continued)

[fastwalker]

Dr.D ¡V Of course responding to the questions generated by the commission¡¦s current investigation has a very high priority level for Mr. Maheu and Mr. Casavant and Counsel. Our reply¡¦s to the commission are in the form of ¡§answers¡¨.

First, CMKX will be providing a response to the Commission within the time set forth in the Commission's order.
Dr.D ¡V Very good news here. They will provide a response within the allotted time frame by the commission¡¦s order. This should shut some up that said that the company wouldn¡¦t show up or respond to any of the commission¡¦s specific questions. In short, the company is following through on the requests for answers from the SEC with answers. Of course they may not be the ones the SEC wants to hear, but they will be answers nevertheless. Why would I say it that way? Because later the company lets us know that they are trying to recreate some financial records they simply don¡¦t have because of, hmmmm possibly Mr. Casavant¡¦s decision to not hire someone competent to record and keep up with that vital information, I guess. Kind of disappointing actually. JMHO

Second, CMKX acknowledges that all of its stockholders have a right to access public information on CMKX and to that extent, is prepared to present CMKX's response via a public proceeding as ordered by the Commission.
Dr.D ¡V The phrase ¡§to that extent¡¨ is a little catchy here for me. I like it. Kind of spunky in the face of adversity. CMKX is saying that they agree that all shareholders of the company have a right to access public information and ¡§to that extent¡¨ or ¡§for that specific reason¡¨ and not necessarily because the SEC said it has to be done, CMKX is prepared to present their response by way of a public hearing to the commission. I¡¦m not sure which one (IBM or Mr.C) threw that one in, but if you like feisty, there you go. JMHO

Third, CMKX believes it is in the best interest of its stockholders to be informed about the securities in which its stockholders invest. There can be no doubt securities markets best perform their function of setting fair and accurate prices where buyers and sellers have full and complete access to all material information.
Dr.D ¡V Another little jab at the system here, IMHO, saying shareholders can make better decisions when they are informed properly by the market place as a whole, and not just by the company. ¡§Securities Markets¡¨ best perform their function of setting ¡§fair and accurate¡¨ prices where buyers and sellers have full and complete access to ¡§ALL¡¨ material information. This would include a slam at the unacceptable performance of the MM¡¦s/DTCC/SEC permitting NSS positions to accrue and weigh heavy upon a company¡¦s market performance by overloading a company with ¡§ILLEGAL/Counterfeit shares thus defrauding the investing public by corrupting the legitimate information

Recent changes to the federal securities laws mandated by The Sarbanes-Oxley Act have increased the implicit and explicit cost of providing information for reporting companies.
Dr.D ¡V We all know the Sarbanes Oxley Act has increased management accountability, responsibility, and risk, but CMKX points out another area affected by Sarbanes that needs to be considered. Implicit and Explicit costs - Implicit Costs = a cost that is represented by lost opportunity in the usage of a company's own resources, excluding cash. These are intangible costs that are not easily accounted for. For example, the time and effort that an owner puts into the maintenance of the company rather than working on expansion. Explicit Costs = A cost that is

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[fastwalker]

Dr.D ¡V Of course responding to the questions generated by the commission¡¦s current investigation has a very high priority level for Mr. Maheu and Mr. Casavant and Counsel. Our reply¡¦s to the commission are in the form of ¡§answers¡¨.

First, CMKX will be providing a response to the Commission within the time set forth in the Commission's order.
Dr.D ¡V Very good news here. They will provide a response within the allotted time frame by the commission¡¦s order. This should shut some up that said that the company wouldn¡¦t show up or respond to any of the commission¡¦s specific questions. In short, the company is following through on the requests for answers from the SEC with answers. Of course they may not be the ones the SEC wants to hear, but they will be answers nevertheless. Why would I say it that way? Because later the company lets us know that they are trying to recreate some financial records they simply don¡¦t have because of, hmmmm possibly Mr. Casavant¡¦s decision to not hire someone competent to record and keep up with that vital information, I guess. Kind of disappointing actually. JMHO

Second, CMKX acknowledges that all of its stockholders have a right to access public information on CMKX and to that extent, is prepared to present CMKX's response via a public proceeding as ordered by the Commission.
Dr.D ¡V The phrase ¡§to that extent¡¨ is a little catchy here for me. I like it. Kind of spunky in the face of adversity. CMKX is saying that they agree that all shareholders of the company have a right to access public information and ¡§to that extent¡¨ or ¡§for that specific reason¡¨ and not necessarily because the SEC said it has to be done, CMKX is prepared to present their response by way of a public hearing to the commission. I¡¦m not sure which one (IBM or Mr.C) threw that one in, but if you like feisty, there you go. JMHO

Third, CMKX believes it is in the best interest of its stockholders to be informed about the securities in which its stockholders invest. There can be no doubt securities markets best perform their function of setting fair and accurate prices where buyers and sellers have full and complete access to all material information.
Dr.D ¡V Another little jab at the system here, IMHO, saying shareholders can make better decisions when they are informed properly by the market place as a whole, and not just by the company. ¡§Securities Markets¡¨ best perform their function of setting ¡§fair and accurate¡¨ prices where buyers and sellers have full and complete access to ¡§ALL¡¨ material information. This would include a slam at the unacceptable performance of the MM¡¦s/DTCC/SEC permitting NSS positions to accrue and weigh heavy upon a company¡¦s market performance by overloading a company with ¡§ILLEGAL/Counterfeit shares thus defrauding the investing public by corrupting the legitimate information

Recent changes to the federal securities laws mandated by The Sarbanes-Oxley Act have increased the implicit and explicit cost of providing information for reporting companies.
Dr.D ¡V We all know the Sarbanes Oxley Act has increased management accountability, responsibility, and risk, but CMKX points out another area affected by Sarbanes that needs to be considered. Implicit and Explicit costs - Implicit Costs = a cost that is represented by lost opportunity in the usage of a company's own resources, excluding cash. These are intangible costs that are not easily accounted for. For example, the time and effort that an owner puts into the maintenance of the company rather than working on expansion. Explicit Costs = A cost that is represented by lost opportunity in actual cash payments. These are tangible costs which can be easily accounted for. For example: salaries/wages, rent and materials and such. These are costs are more difficult to calculate, but CMKX is experiencing these costs as I write this due to the commission¡¦s investigation etc¡K The company is attempting to reduce these costs by continuing to focus on our assets and revenue producing priorities in Canada and Ecuador.

Unfortunately, from the time of CMKX's filing of a 14C Information Statement in February 2003, CMKX has not been able to rely on either previous information or current information relating to its financial statements.
Dr.D - Obviously this is not good. It isn¡¦t extremely bad, but it isn¡¦t good. Why have filings been delayed and why could CMKX not meet the 60 day filing deadline after the revocation of the Form 15? We have our answer. The information is either inaccurate, incomplete or non existent IMHO. Having been in business for some time, I know how these situations can occur just the same as anyone reading this has experienced while trying to keep up with their personal checkbook, receipts, or tax information. Most of the time this information can be rebuilt, recreated or has a duplicate some where. I say most of the time, because there are exceptions to the rules. It would be unusual for a company to not be in a position to recreate records by itemized data held in individual records. I once had an individual that ran off with all of my company records (several years worth) and we were able to recreate them. It was very costly and time consuming, but we did it through our clients, their account records, our suppliers, customer base at the time, etc... 60 days for us would have been impossible at the time. It took about 9 months. Not being able to file because of inaccurate records is difficult especially when Sarbanes Oxley holds the management personally and criminally responsible for the contents of the filings.

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[fastwalker]

As a result of its inability to provide accurate information about its financial condition, CMKX has retained the services of individuals who have been promulgated with the task of rebuilding its financial records and providing the public current periodic reports as required by Section 13(a) of the Exchange Act.
This is good news. The good news is they have retained the services of individuals to set to the task of rebuilding its financial records, which means the data must be there or accessible to work with or there is no need to hire someone to do it. Also the periodic current reports that will become due will be provided by these same individuals. My experience with the government agencies are that if you are working to resolve the situation they will usually work with you, but if you are ignoring and trying to hide issues then they will usually draw a quick conclusion to your circumstance. This is a clear indicator that the company (CMKX) had a poor or nonexistent book keeping system in place, but has moved to remedy the situation and did so before the SEC stepped in. Nice job CMKX. Timing sometimes is everything. If they would have waited until the SEC stepped in then it could have been ugly. What we are seeing now is not ¡§UGLY¡¨ it just isn¡¦t as pretty as we would like it to be. ƒº

The implicit costs associated with Sarbanes-Oxley is that current management will not file the required periodic reports until such time as the accuracy of the information required in such reports has been verified, inclusive of the financial aspects of CMKX, stockholders equity reports, and the mining claims and other corporate assets.
Dr.D - This may sound bad on the surface, but is actually what Sarbanes Oxley intends in an off beat sort of way. Remember that Implicit Costs = a cost that is represented by lost opportunity in the usage of a company's own resources, excluding cash. These are intangible costs that are not easily accounted for. For example, the time and effort that an owner puts into the maintenance of the company rather than working on expansion. They are going to be tied up 24/7, so to speak, while they are building, recreating, and verifying all of the required information whether it is financial, mining, share structure, or corporate assets and the current management is not going to file reports that can not be attested to as being accurate. This is not accurate within reason nor to the best of their ability with available resources. This is accurate to the degree that if it is found to be wrong you may go to jail and lose a substantial amount of money accurate. That is what Sarbanes Oxley wanted to invoke into the minds of corporate America. IMHO

Although it is CMKX's intention to continue to pursue the effectuation of periodic reports in compliance with Section 13(a) of the Exchange Act, but management realizes that the Commission may prevail in suspending the registration of CMKX's securities for a period not exceeding twelve months, or revoking its registration altogether.
Dr.D ¡V Indicating that it is CMKX¡¦s desire to continue to be a reporting company and file the 10Q¡¦s, 8k¡¦s, etc¡Kbut Mr. Casavant and Mr. Maheu are aware that the commission is probably out to suspend or revoke the registration of the company and if the commission gets its way then that is what would happen. IMHO.

Unfortunately management and others involved in CMKX's previous operations were not blessed with the trait of being perfectionists. Past professional guidance has left a void which prevented the Company's ability to prepare complete and accurate periodic reports under Section 12(g) of the Exchange Act," stated Maheu.
Dr.D – I love this one. We are not sure if this “previous operations” is speaking of Cybermark or early CMKI/CMKM, but it seems to indicate the “CMKX” period or a time frame involving the last 12 months. I am not sure the aim of this language by the company, but I am going to guess at whom this may implicate, and his initials could be R. G. In my book, ultimately I would hold Urban Casavant responsible for the availability of the records and the oversight of the company. Sorry U.C., but I am a president of a few companies and if that info is missing it is because I didn’t stay on top of my job. To his credit, Mr. C has had illness off and on over the last year and that could have impeded him somewhat. Too, I believe he relied on the expertise of R.G., but to what extent none of us know for sure. I’m still behind Mr. C and Mr. Maheu (or IBM as some call him) 100%, but I call them as I see them. The President/CEO is ultimately accountable in my book.

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[fastwalker]

CMKX's stockholders should realize that among publicly traded securities, two different standards exist for providing disclosures to investors. First, companies with a class of securities registered under Section 12 of the Exchange Act that are current in their obligations as a registrant ("reporting issuers") provide annual, quarterly and periodic reports on Forms 10-KSB, 10-QSB and 8-K, in addition to other reports for small business issuers such as CMKX. The second category contains companies that do not have a class of securities registered under the Exchange Act ("non-reporting companies").
Dr.D – Simply a clarification setting up options that the company has. 2 different standards are available: 1 = reporting and 2 = non-reporting and they give a breakdown

Reporting issues are required to provide their stockholders and the investing public with annual audited financial statements, whereas non-reporting companies do not have to provide their stockholders or the public audited financial statements. Further, companies traded on the Pink Sheets that are not reporting issuers are not required to have audited financial statements in order to continue trading on the Pink Sheets. If the Commission were to suspend or revoke CMKX's registration under the Exchange Act, CMKX would be considered a non-reporting company and would continue to trade on the Pink Sheets. In this event, CMKX intends to provide material information to the public, when available, through press releases and postings to its website.
Dr.D – 1st of all I think they are trying to put some shareholders at rest as to what would happen to their investment if CMKX has their registration revoked. Obviously your shares are fine and will remain in tact and fully contain any and all value both immediate and potentially. The company states that a viable alternative if the SEC so chooses to prevail in their quest and possibly revoke or suspend CMKX’s registration is to move to a non-reporting status on the Pink Sheets and continue to trade as they have until what time they can fully become compliant and re-file for registration. If this scenario does unfold then CMKX voluntarily obligates their self to provide the company information to the shareholders that would otherwise be required by a fully reporting status. That information will be supplied to us through PR’s and postings to its website. IMHO.

Casavant went on to say, "We are committed to pursuing the corporate cleanup required to allow us to provide periodic reports to our stockholders; however, in the event the SEC determines that a suspension or revocation is in order, then aside from our compliance with such order, we will utilize our best efforts to provide minimum basic information to our stockholders, allowing for CMKX to continue trading on the Pink Sheets."
Dr.D – Mr. C says the corporate cleanup is going to continue regardless of the hearings outcome. If the SEC revokes or suspends CMKX’s registration then the information required by the NASD/Pink Sheets to continue trading will be satisfied to them. I would not think this would lessen the information that the company just announced above that would be released to the shareholders regardless of the hearings outcome. Unless this is contradictory to the previous statement then this is simply indicating that the company would file the necessary minimal information to the proper authorities and shareholders to continue a listing on the Pink Sheets.

Although CMKX currently anticipates being able to continue to trade on the Pink Sheets regardless of the outcome of the administrative proceeding, it is unclear at this point if the Commission will take further action in an attempt to prevent the trading of CMKX's common stock on the Pink Sheets or any other medium.
Dr.D – The company doesn’t foresee that the SEC will try and prevent the company from trading on the pinks, but they could. Regardless of the hearings outcome the company expects to move back to the Pinks and resume trading. If the SEC attempts to prevent that then other action will be necessary on the part of the company, but not a concern at this time. What are these options available to the company? Go private? Merge? Reverse Merge? Comply and reregister/re-file? Etc… Shareholders are carried along with the company regardless of the decision. IMHO!

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[fastwalker]

CMKX is not allowing these regulatory issues to divert management's attention from its primary operational goals of claiming new land and continuing its drilling activities. The future of CMKX lies in the continued development of its assets.
Dr.D – Once again the company shows it is undaunted in its quest by the SEC’s inquiries from building shareholder value and streamlining the company for complete implementation of Mr. Maheu’s overhaul of the internal corporate governance. Sounds like we have needed it too. The primary operational goals are repeated from the last PR as being that of claiming new lands/mineral rights and continuing its drilling activities. This is good news. Sounds as if they have been claiming new lands and continued drilling. As a matter of opinion, I believe they have been. You can’t continue drilling activities unless you’ve been doing it, IMO. Too, you can’t continue developing the companies assets if you haven’t been previously developing the assets. There is a difference in obtaining assets and developing assets, I like the developing assets almost as good as obtaining assets. Go CMKX. We all know that is where the future for CMKX lies and that’s where I plan on being is right in the middle of CMKX’s future. When CMKX gets to there “future” my children, family, friends, I, or all of the above will get there with them. Not JMHO!


Consistent with this statement, Urban Casavant added, "Creating stockholder value is a primary concern to us. We have some very positive operational things happening, both in Canada and in Ecuador, and are extremely optimistic about the future of our operations."
Dr.D – This is incredibly strong language for a company going to a hearing and under SEC scrutiny already. Mr. C pulls no punches, regardless of the disclaimer at the end, that creating stockholder value is a primary concern and CMKX has some “VERY POSITIVE” operational things happening (MEOW), both in Canada and Ecuador, and are extremely optimistic about the future of our operations. No mention of the U.S.A. in that international volley of positive operational things happening so that might exclude the infamous, tender offer so many soap box about. No mention at all of an offer on table or anything. Oh well. JMHO!

In the time preceding the administrative hearing, CMKX intends to continue its development activities and anticipates filing operational updates on Form 8-K, as required, when they become available.
Dr.D – This tells us that they are right now actively working on its development of obtaining more land, exploring our current assets and continuing drilling activities.

CMKX's actual results could differ materially from such forward-looking statements because of factors such as: impact of the results of the administrative hearing on CMKX's stock price; impact of the hearing on CMKX's operations; CMKX's ability to continue to trade on the Pink Sheets; uncertain further regulatory scrutiny; the current state of operations, both in Canada and Ecuador; unavailability of documentation and corporate records; changes in the number of stockholders of record; the impact of failing to meet Exchange Act reporting requirements; the ability to rebuild financial records; timing necessary to comply with reporting requirements; lack of adequate internal controls; unforeseen capital deficiencies; unavailability of insurance; changes in the mining and metals environment, including actions of competitors; the effectiveness of CMKX's development and drilling programs; regulatory and legal changes; and other risks associated with companies

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in similar industries. CMKX undertakes no obligation to publicly update or revise any forward-looking statements to reflect current events or circumstances after the date hereof or to reflect the occurrence of unanticipated events.
Dr.D ¡V I love this disclaimer it has its own little information chest tucked away in it. It lists the factors that need to be considered by investors and what the company knows is to be calculated in to accurately assess the situation for CMKX and us. Nice list, but don't let it shake you they are just covering their rear and ours.

Overall assessment is that the company is trying to tell us there is little concern for the CMKX investor at this time. IMHO. The main topic being that the main action of the SEC is to revoke or suspend the registration and under those conditions the company would still be expected to return to the pinks with a non reporting status and resume trading soon. All shares will remain in the possession of the shareholder and information will be released to us through normal channels as in the past. The company is correcting the mistakes of the past and I would expect the SEC or at least the judge, to acknowledge that and realize the importance and desire of the shareholders to have the company in a position of being obligated by registered security regulations to produce up to date filings and reports disclosing information instead of counting on the company's good will. Company developments to hopefully increase shareholder value are continuing in Ecuador and Canada and some happenings are very promising. This is an excellent PR and I would like to express my gratitude to Mr. Casavant, Mr. Maheu and the company for being open and forthright.

These are all just my opinions and I ask that you treat them as such.

Success is at hand.

Dr.D

[fastwalker]

I am leaving for Karate and will be gone the rest of the afternoon. Thanks to all for your continued support and I believe we are going to be fine. Just hang on. JMHO

I won't be around to respond, so please don't take offense if I don't get back to you tonight.

Success is at hand.

Dr.D

[fastwalker]

By: carquest44
24 Mar 2005, 12:28 PM EST
Msg. 865141 of 865207
(This msg. is a reply to 865102 by MichaelWC.)
Jump to msg. #
MichaelWC,
The deal is near, so near you can reach out and touch it. However, with the massive forces against us it is in CMKX's best interest to not reveal their hand at this time. The SEC is in a world of hurt right now and they know it, and need all stall tactics available to figure out what is the most gracious way to save face. There is no doubt in my mind that David will slay Goliath again. Listen to Jay A, he is a good poster with integrity. I am confident we will win. Have a good day all.

[Warren]

exellent work FW

[bluediamonds]

jay_adobe for March 24/05 (FWIW)

By: jay_adobe
24 Mar 2005, 09:57 AM EST
Msg. 864656 of 866333
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My only post for today. Revocation for one year absolutely locks the shorts in place with no where to go. The dividends we all received are part of the short problem. CIM will IPO within that year. Restrictions for your divi shares will be lifted within that year (and then you would have been able to trade NSS divi shares). UC and IBM are telling everyone that we cannot be revoked if this NSS problem is to go away. Watch for a settlement to occur that will eliminate the NSS problem. PR was a way for UC and IBM to offer face-saving for SEC. SEC cannot be found publicly liable here. IT's too big. We will take the fall, but we will be richly rewarded. Can't say more. Must go.

ragingbull.lycos.com/mboard/boards.cgi?board=CMKX&read=864656

By: jay_adobe
24 Mar 2005, 02:48 PM EST
Msg. 865400 of 866333
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After all the NSS are legitimized, which appears to be happening at an accelerated pace, the next logical step is settlement, in which all our divi shares (which are shorted too) will go away, leaving us with our CMKX shares. Logically, the following step would be to tender us to take the company private, thus allowing subjugation by the SEC, but only after we all are richly rewarded. I do not like to think that we would allow the SEC to subjugate us, but for the obvious face-saving which is necessary to keep the SEC's appearance clean, I believe we will have to undergo it. If revoked, we will have already transferred assets to another company to open on another board through some type of transaction, probably similar to a roll-up IPO or a reverse merger. IBM's signature is all over this latest PR, and I firmly have faith in what is transpiring with the company. I think a settlement is on the way very soon. I think the administrative hearing will be void of our presence. I think it all will be completed before then. Recommend reading PHXGOLD's post earlier today for an insight where IBM is taking us. IMO. This was a good PR. You just have to look for the nuggets.

ragingbull.lycos.com/mboard/boards.cgi?board=CMKX&read=865400

***THE PHXGOLD POST noted above follows***

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Posts: 469
Re: jay_adobe for March 24/05 (FWIW)
« Reply #1 on: Today at 10:03pm » <br>
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Here you go!

By: phxgold
24 Mar 2005, 11:40 AM EST
Msg. 181862 of 182421
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Good morning! this is an interresting turn of events!
make your self fully reporting again to allow the sec to make you a non reporting pink? sounds crazy except it forces the sec to address securities issues in a public forum. oh btw a non reporting company can become reporting thru a backdoor registration by merging w/ a blank check company. all they need is an 8k and current financials. oh almost forgot this is the stocklein law groups fortay.

oh yeah anthony demint creaqted 15 blank check companies this year. for those who dont know anthony demint is maheu's business partner and theyre representation is the stocklein law group.

ragingbull.lycos.com/mboard/boards.cgi?board=CLB01219&read=181862

From: cmkxdiamond.proboards32.com/index.cgi?board=general&action=display&thread=1111726550&start=0

By: jay_adobe
24 Mar 2005, 02:51 PM EST
Msg. 865408 of 866335
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As brokerage houses continue to clean up their own mess, they will only allow you to close your position. This is happening now.

ragingbull.lycos.com/mboard/boards.cgi?board=CMKX&read=865408

By: jay_adobe
24 Mar 2005, 02:59 PM EST
Msg. 865424 of 866335
(This msg. is a reply to 865407 by great_giant_head.)
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Mr Great Giant, you pose some very valid, well-thought out questions which the company desparately wishes to provide information about. I think the company's hands have been tied somewhat by the SEC, as more material information which is released would also tip the hand to those that have been naked shorting us for so long. As stated in the PR this morning, the company may not be allowed to put out all the information that they would like to put out in filings. I think we are part of a very huge deal, and have worked very closely with the SEC and other regulatory bodies to get to where we are today. I think we don't have much longer to wait. The dam is about to burst. Hold tight. Prepare for wealth. I think we will get answers to your questions very soon. Remember, our timeline is not the company's timeline, but the company's timeline is our timeline. We just don't know the company's timeline yet. IMO.

ragingbull.lycos.com/mboard/boards.cgi?board=CMKX&read=865424

By: jay_adobe
24 Mar 2005, 03:01 PM EST
Msg. 865431 of 866336
(This msg. is a reply to 865420 by lizzie_007.)
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Mr Lizzie, if the commission suspends our registration, could we not on the very next day get tendered to go private, similar to what deBeers did?

ragingbull.lycos.com/mboard/boards.cgi?board=CMKX&read=865431

By: jay_adobe
24 Mar 2005, 03:28 PM EST
Msg. 865551 of 866337
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Does anyone NOT believe that UC knew he was being naked shorted back in July 2003? Of course he knew, thus the termination of registration requirements commenced. Note specifically what Section 12g-4 states: Registration of any class of security pursuant to this subsection shall be terminated ninety days, or such shorter period as the Commission may determine, after the issuer files a certification with the Commission that the number of holders of record of such class of security is reduced to less than three hundred persons. """The Commission shall after notice and opportunity for hearing deny termination of registration if it finds that the certification is untrue.""" Termination of registration shall be deferred pending final determination on the question of denial.

Since the commission validated the termination, was UC at fault here for the error, or was it part of the plan? Is the SEC at fault, or is all fault being placed on UC? Who should be monitoring these transactions, the SEC maybe??

ragingbull.lycos.com/mboard/boards.cgi?board=CMKX&read=865551

By: livingstonecatabbi
24 Mar 2005, 03:38 PM EST
Msg. 865597 of 866337
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Does anyone have VWAP Level III trades? Rumor is Equity Settlement is requiring the DTC and the SEC to borrow from the IMF to settle naked short cases or the FBI and the CIA as well as the CDC is going to go after Donaldson house and other personal assets. Jay, can you corroborate this rumor?

Last trade was executed @ 179.50 for orders of 1000 shares.

TIA

ragingbull.lycos.com/mboard/boards.cgi?board=CMKX&read=865597

By: jay_adobe
24 Mar 2005, 03:42 PM EST
Msg. 865606 of 866337
(This msg. is a reply to 865597 by livingstonecatabbi.)
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livings, you are not a believer in this company are you? Have the faith.

ragingbull.lycos.com/mboard/boards.cgi?board=CMKX&read=865606

By: jay_adobe
24 Mar 2005, 04:21 PM EST
Msg. 865699 of 866339
(This msg. is a reply to 865676 by jfarn.)
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Mr. jfarn, I am simply hearing that Good Friday is just that. I believe my source. I have the utmost faith in the company. And even when times appear on the surface to be somewhat slightly bleak (but calm), the undercurrent is churning away and preparing to unleash a force to be reckoned with that the financial markets have not yet seen. But the churning is occurring at a feverish pace unseen to us, while we are left to read and reread the PR released today. A diversion? Maybe. A warning? Absolutely. A promise to deliver? Undoubtedly. IBM and UC at work? That question is left to whatever you personally believe within the framework of your motives for continuing to own this stock. If your in, you win; if you doubt, get out. Pretty simple, I think. I'm in until it's over. Good evening to all.

ragingbull.lycos.com/mboard/boards.cgi?board=CMKX&read=865699

carquest writes: "Listen to Jay Adobe"

By: carquest44
24 Mar 2005, 12:28 PM EST
Msg. 865141 of 866342
(This msg. is a reply to 865102 by MichaelWC.)
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MichaelWC,

The deal is near, so near you can reach out and touch it. However, with the massive forces against us it is in CMKX's best interest to not reveal their hand at this time. The SEC is in a world of hurt right now and they know it, and need all stall tactics available to figure out what is the most gracious way to save face. There is no doubt in my mind that David will slay Goliath again. Listen to Jay A, he is a good poster with integrity. I am confident we will win. Have a good day all.

ragingbull.lycos.com/mboard/boards.cgi?board=CMKX&board=CMKX&read=865141&submit=Go&startfrom=&numposts=60

[fastwalker]

Float vs Sink

The more I'm seeing what is posted on other boards, I'm convinced for thousnads of people this is the first stock investment they've ever made. This holds for even those that are very sharp and many people follow.

That isn't a knock at all. It's good that people explore investment opportunities. But I wake to find are less concerned about the SERIOUS ISSUES which may sink CMKX than they are about 3 words that GB posts and somehow surmises this determines the float.

Growing the company and improving share structure are important, but as the following of this company and certainly posters have done in the past, their expectations are in the orion of space. The posts that feed this continue to be NOT related to real valuation models, real prototcol on how the market works, or simply wrong on facts.

George is sharp. But I sit and see a young man with so much passion for DD and analysis and I'm thinking why doesn't this guy use his energy on finding REAL undervalued stock plays? He would be sensational at it and only get better over time. Others I've seen fit this bill too. It's their choice, I understand that, but it's tiring to see literally thousands looking, paging through and agreeing with three words GB posted, "small business issuer" and thinking the float is 125 billion because of this.

I will copy what GB posted that everyone is holding their breath on:
___________________________________________

"General
Reg. §228.10 (Item 10).

(a) Application of Regulation S-B. Regulation S-B is the source of disclosure requirements for "small business issuer" filings under the Securities Act of 1933 (the "Securities Act") and the Securities Exchange Act of 1934 (the "Exchange Act").

(1) Definition of small business issuer. A small business issuer is defined as a company that meets all of the following criteria:

(i) has revenues of less than $25,000,000;
(ii) is a U.S. or Canadian issuer;

(iii) is not an investment company; and

(iv) if a majority owned subsidiary, the parent corporation is also a small business issuer.

Provided however, that an entity is not a small business issuer if it has a public float (the aggregate market value of the issuer's outstanding securities held by non-affiliates) of $25,000,000 or more."
________________________________________________________________

There is SO MUCH MORE included in the language of Regulation SB. Here is just part of it that he didn't include:

"NOTE:The public float of a reporting company shall be computed by use of the price at which the stock was last sold, or the average of the bid and asked prices of such stock, on a date within 60 days prior to the end of its most recent fiscal year. The public float of a company filing an initial registration statement under the Exchange Act shall be determined as of a date within 60 days of the date the registration statement is filed. In the case of an initial public offering of securities, public float shall be computed on the basis of the number of shares outstanding prior to the offering and the estimated public offering price of the securities."
________________________________________________________________

The he assumed the float is calculated as follows:

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